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Drug Offenses

Possession of drugs in their many and various forms often result in criminal charges against the person found in possession of those drugs. No matter the type of drug, one must be in “knowing” possession or possess a drug “knowingly.”

South Dakota is also the only state that defines possession to include a positive drug test. This is known as possession by ingestion, which means if a person tests positive for a certain drug because it exists within the body, such constitutes possession of the drug under state law. For example, if a urinalysis shows the metabolites of methamphetamine, or marijuana, you can be charged with possession the same way you could be if you had a baggie of the drug in your hand.

Attorneys Hinrichs and Miles Holtz can help you or your loved one through these charges. If HPS can find a defense we are fully capable of trying a jury trial asserting said defense. If a person has a drug problem and wants help with the plea, sentencing, and rehabilitation process, HPS has the resources and experience to guide you through and advise you accordingly. HPS routinely handles drug cases in both state and federal courts and has tried federal drug conspiracies, federal possession charges, and state drug cases as well.